The West Virginia Supreme Court affirmed the Board of Review's decision, which partially reversed the Office of Judges' order. While the employer was required to authorize a one-time change of physician to Dr. Kominsky, the court upheld the denial of the referral to Dr. Prud'homme because the bilateral forearm pain was not part of the compensable right elbow sprain/strain injury.
What This Ruling Means
**Greene v. Heartland Employment Services: Worker's Compensation Doctor Request**
Sherry Greene suffered a right elbow injury at work while employed by Heartland Employment Services. She filed for workers' compensation benefits and later requested to see specific doctors for her treatment. Greene wanted to switch to Dr. Kominsky and also see Dr. Prud'homme for bilateral forearm pain she was experiencing.
The West Virginia Supreme Court ruled partially in Greene's favor. The court said she could make a one-time change to see Dr. Kominsky for her elbow injury. However, the court denied her request to see Dr. Prud'homme because her bilateral forearm pain was not considered part of her original compensable right elbow injury.
**What This Means for Workers:**
This case shows that injured workers have some rights to choose their doctors under workers' compensation, but there are limits. Workers can typically request a one-time physician change for their covered injury. However, workers' compensation will only cover treatment for injuries that are directly related to the original workplace injury. If you develop new symptoms or pain in different areas, the insurance company may argue these aren't covered under your original claim, potentially requiring separate documentation or claims.
This summary was generated to explain the ruling in plain English and is not legal advice.
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